What Is a Wrongful Death Lawsuit in Louisiana?

A wrongful death case is when someone dies as a result of another’s legal wrongdoing, and the family or estate of the dead person wants to pursue legal action. Wrongful death statutes typically outline the following and are present in every state:

• the timing and manner in which such actions may be taken, and
• remedies that the courts can provide.

From minor vehicle accidents to major examples of medical malpractice or product responsibility, every kind of deadly event might give rise to a claim for wrongful death. However, where the deed that caused the death was deliberate, a wrongful death claim may still be feasible. While illegal behavior might give rise to wrongful death claims, it is important to note that these actions are civil and are never part of a criminal trial.

Criminal Homicide Cases vs. Wrongful Death Claims

Damages in lawsuits refer to monetary compensation the court requires the defendant to pay to the decedent’s survivors or estate in a wrongful death case, as in other personal injury claims.

In a criminal murder case, a conviction may lead to prison time, fines paid to the state, probation, and other consequences; however, this is not the case in a wrongful death claim. The burden of proof is far higher in criminal court: the state or federal government must ascertain the charge of guilt “beyond a reasonable doubt”—a significant hurdle that cannot be overcome in a civil wrongful death case.

The burden of proof is on the plaintiff in a civil case to show that the defendant is liable “by a preponderance of the evidence,” which means that the defendant’s responsibility for the death is more probable than not. Defendants may find themselves embroiled in civil and criminal processes involving the same decedent’s death, yet a single occurrence can give birth to both types of claims.

Eligibility for Filing a Wrongful Death Claim

Depending on the laws of the state in question, a wrongful death lawsuit may be brought by specific individuals who were left behind by a dead person or by an agent acting on their behalf. It is common practice for the representative to serve as the estate’s executor. Let’s examine the people who may bring such a case to court more thoroughly.

• Immediate Family: A wrongful death case may be filed in any state by a spouse, children, or adoptive or stepchild or by the parents of a minor child.
• Partner: A right to recovery may exist in some jurisdictions for a domestic or life partner, a person who was financially reliant on the dead, and a “putative spouse” (someone who honestly believed they were married to the deceased).
• Distant Relatives: Wrongful death claims may be filed by distant relatives in some jurisdictions. These relatives include grandparents and siblings.
• Person Affected By Death Financially: Anyone who loses out financially due to death may sue for wrongful death in several jurisdictions, regardless of whether they are connected to the dead by marriage or blood.
• Parents: You can file a suit in some jurisdictions if a fetus dies during pregnancy. These actions can only be filed by the parents in states where the kid was born alive and subsequently died. To determine if such a lawsuit is permissible in your state, you should review your state’s laws and speak with a knowledgeable wrongful death attorney.

Is It Possible to Get Compensation for a Wrongful Death?

Settlements are reached before trial in the most wrongful death cases, as is the case with most injury claims. Without ever having to file a lawsuit, the insurance company may pay any claim made by the dead person’s survivors, provided their liability policy covers the underlying accident. This may happen, for instance, if the death was caused by a vehicle accident. Find out more about the process of negotiating a settlement.

There is less accessible and reliable information on wrongful death settlement agreements. Even if we had this data, it wouldn’t be useful for estimating the value of your claim. That is particularly true when you consider that the damages that may be awarded in a wrongful death case are contingent upon the laws of your state. However, a few factors usually take center stage when determining the possible worth of a wrongful death lawsuit.

Hire a Wrongful Death Lawyer for Your Rights!

Wrongful death claims have been handled by The Johnson Firm – Lake Charles wrongful death attorney for clients. Our lawyers have comprehensive knowledge of the statutes of limitations, medical malpractice, and wrongful death legislation in every state. With their assistance, you may collect evidence, establish fault, construct a case, and seek the compensation you deserve for losing a loved one.

To discuss the possibility of us handling your wrongful death lawsuit, call The Johnson Firm at 337.433.1414.

Mike

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